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Michael P. Babine was injured when he was thrown from an "El Toro" mechanical bull that he rode at a nightclub. The club had placed mattresses around the bull to cushion the fall of riders, but the mattresses were not adequately pushed together. Babine was thrown off during his ride and hit his head on the floor where there was a gap between the mattresses.
Before riding the bull, Babine had signed a form releasing the nightclub from liability for injuries sustained from the activity. The mechanical bull had been manufactured for the purpose of being a training device for rodeo cowboys, and it was purchased second-hand by the nightclub.
Babine sought to recover damages from the manufacturer under the theory of product liability. Did he succeed? Why or why not?
Babine v. Gilley's Bronco Shop, Inc., 488 So.2d 176 (FL).
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